Western Transportation Co. v. Terminal Freight Cooperative Ass'n

Plaintiff Western Transportation Company filed a Chapter XI petition for rearrangement pursuant to the Bankruptcy Act. On May 30,1979, an auditor was authorized by the bankruptcy court to audit plaintiff’s freight bills to determine if claims existed for freight charges. As a result, plaintiff filed this action against defendants, Terminal Freight Cooperative Association and Waterloo Industries, Inc., seeking payment of freight undercharges for 61 shipments of goods. Some of the shipments were made as early as 1976.

Plaintiff is an interstate motor carrier which was engaged to and did carry…